Posts by ftsig-admin
Creating and Running a FOREIGN Business
The following resources on SEDM describe how to create and run a FOREIGN busienss: Creating and Running a Business, Trust, or Estate, Form #09.079** (Member Subscriptions)https://sedm.org/product/creating-and-running-a-business-form-09-079/
Read MoreOpening a Bank Account as a Foreign Individual or Entity
1. Introduction Bank accounts may be opened by individuals or by entities. By default, either group is usually required by the bank to to disclose a Social Security Number in the case of individuals or an Employer Identification Number in the case of an entity. If you or your entity is an estate or trust,…
Read MoreGetting a Foreign EIN
1. Overview EINs are used by employers, sole proprietors, corporations, partnerships, non-profit associations, PUBLIC trusts, PUBLIC estates of decedents, government agencies, certain individuals, and other business entities. If your entity is an estate or trust, it files Form 1040NR as a nonresident alien if it is PRIVATE. That means it is not required to be enumerated…
Read MoreLicense Tax Cases, 72 U.S. 462 (1866)
LINK TO CASE: https://scholar.google.com/scholar_case?case=2852002685220457827 SIGNIFICANCE: Declared the first income tax instituted to fund the Civil War, the Revenue Act of 1861, 122 Stat. 292 unconstitutional. Ruled that Congress can TAX but cannot “authorize” (meaning LICENSE) the thing subject to tax within the constitutional states of the Union. This case also recognized the ability of the…
Read MorePollock v. Farmers Loan and Trust, 157 U.S. 429 (1895)
LINK TO CASE: https://scholar.google.com/scholar_case?case=7292056596996651119 WIKIPEDIA: https://en.wikipedia.org/wiki/Pollock_v._Farmers%27_Loan_%26_Trust_Co. SIGNIFICANCE: This was the first attempt after the civil war to implement an income tax. It was declared unconstitutional because it was a direct, unapportioned tax upon real property. In this case the Supreme Court found an 1884 tax law similar to the 1864 Tax Law in the Sprinter…
Read MoreFIRPTA Withholding and Reporting
1. Introduction Those who engage in buying and selling real property are often asked by real estate agents and escrow companies to fill out tax withholding and reporting paperwork relating to their transactions. Those who are nonresident aliens often have a difficult time deciding how to complete this paperwork in a way that accurately describes…
Read MoreForeign Partner Withholding Under I.R.C. 1446
This article proves that there is no foreign partner withholding within a partnership where one or more other partners are statutory U.S. Persons: Foreign Partner Withholding Withholding Under I.R.C. Section 1446, Form #04.108
Read MoreHOW TO: How to Change the Status of a TIN
1. Introduction The status of a Taxpayer Identification Number is controlled by the following regulation: 26 CFR § 301.6109-1 – Identifying numbers. (g) Special rules for taxpayer identifying numbers issued to foreign persons— (1) General rule— (i) Social security number. A social security number is generally identified in the records and database of the Internal Revenue Service as a number belonging to a…
Read MoreHOW TO: How to Aver Your Status as a Fourteenth Amendment “nonresident alien”
Source: Non-Resident Non-Person Position, Form #05.020, Section 11.1; https://sedm.org/Forms/05-MemLaw/NonresidentNonPersonPosition.pdf 1. Introduction Those claiming “nonresident alien” status must invoke it properly to be recognized by the court as a nonresident alien. The most famous example of a state citizen recognized by the court as a nonresident alien was Frank Brusher in the famous case of Brushaber…
Read MoreAvoiding “Effectively Connected”
“Effectively connected” is only used in the context of “nonresident aliens”. The only position this site takes is the Nonresident Alien Position. The definition of “effectively connected” is as follows: 26 U.S. Code § 864 – Definitions and special rules (c)Effectively connected income, etc. (1)General rule For purposes of this title— (A) In the case…
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